Case No.:

AC-CR-RE V-70- 1956

Court:

Court of Criminal Appeal

Issue No.:

1961

Principles

·  Police—Police Ordinance, s.16 (1)—Refusal of duty—Order must be legal

To sustain a conviction under Police Ordinance, s.16 (1) , it must be proved that the order or regulation disobeyed was legal under Police Ordinance, s.11.

Judgment

(CRIMINAL REVISION)

SUDAN GOVERNMENT V. NDRE BUNDU

AC-CR-RE V-70- 1956

M. A. Abu Rannat C.J. May 31. 1956:—I fail to understand from the record in the Case Diary and the proceedings why the accused was placed under open custody or to be detained at the guardroom. The accused reported that there was a fight between soldiers and civilians, and that one of the soldiers attempted to shoot some of his opponents and that he brought the magazine of the rifle as evidence. There is nothing in the record to show that that case was investigated. Instead the accused was ordered not to go to his house. He was convicted under Police Ordinance, s. 16. This section should be read with Police Ordinance, s. 11. Police Ordinance, s.11 (I), enjoins that the order to be given to the accused must be lawful. The order of detention which was given to this accused was ii and I therefore quash the case and order that the accused be set at liberty forthwith.